2009 Supreme(Raj) 2491
RAJASTHAN HIGH COURT
Mahesh Bhagwati, J.
Manish Pahadia - Appellant
Versus
Smt. Sanju Bai & Anr. - Respondent
S.B. Criminal Misc. Bail Canc. Application No. 1320 of 2009.
Decided On : 20-11-2009
For the State: Amit Punia, P.P.
For the Respondent No. 1:Satish Pachori, Advocate.
Headnote:Criminal Procedure Code, 1973 – S. 439(2) – Session court granted anticipatory bail to the accuse person liable for burning to death his mother in law and 2 other persons who died saving her – session court granted bail on the ground that Parameters for accepting bail are distinct from parameters for cancellation of bail – cancellation will not be granted if there is no evidence of tampering with evidence – thus application for cancellation of bail dismissed.
Act Referred
(i) That the most horrendous act of the accused Sanju Bai by way of pouring kerosene oil on Kanchan Bai gulped down three precious lives of Kanchan Bai, Rituraj and Nakul. The offence despite being of such a grave nature, the learned Sessions Judge, Baran, granted anticipatory bail to the accused, which is a matter of serious concern. The Sessions Judge granted anticipatory bail vide order dated 13th February, 2009 arbitrarily, which warrants to be cancelled.
(ii)That the learned trial court has exercised the discretion vested in him vis-a-vis grant of bail in a most arbitrary and illegal manner, as there was no legal and justified occasion to pass the impugned order granting the bail, specially when the bail was declined by the Hon'ble Court vide order dated 13.1.2009 and the Special Leave Petition was also dismissed by the Hon'ble Apex Court vide order dated 21.1.2009.
(iii)That the learned trial court also ignored the observation of this Hon'ble Court dated 27.1.2009 recorded in the petition preferred by the respondent for the quashing of the FIR and other relief which is as under:-
"Suffice it to observe that a perusal of the case diary reveals that it was only the petitioner who is prima facie responsible for the death of three persons."
(iv)That the learned trial court has passed the impugned order in violation of the various judicial pronouncements, therefore, the impugned order is hit by Article 141 of the Constitution of India.
(v)That the learned counsel for the petitioner has contended that the learned trial court has passed the impugned order on irrelevant considerations and the considerations which were not legal and legitimate.